United Nations A/HRC/WG.6/23/AUT/1 General Assembly Distr.: General 29 July 2015 Original: English Human Rights Council Working Group on the Universal Periodic Review Twenty-third session 2–13 November 2015 National report submitted in accordance with paragraph 5 of the annex to Human Rights Council resolution 16/21* Austria * The present document has been reproduced as received. Its content does not imply the expression of any opinion whatsoever on the part of the Secretariat of the United Nations. GE.15-12827(E) *1512827* A/HRC/WG.6/23/AUT/1 I. Methodology and consultation process1 1. The 2nd National Report of Austria, as presented in following and prepared for the Universal Periodic Review (UPR) of the United Nations Human Rights Council (HRC), was drafted in accordance with the General Guidelines adopted by the HRC for the second cycle of the UPR process2. Chapter I corresponds to Paragraph A of the Guidelines (Methodology and Consultation Process); Chapter II corresponding to Paragraph B points out new developments relating to the legal and institutional framework; Chapter III describes the protection and promotion of individual human rights in Austria, measures taken since the last review as well as progress achieved and future challenges (Paragraphs C, D, E). In conclusion, Chapter IV corresponds to Paragraph F in describing the national priorities. The reference framework for this report is the Universal Declaration of Human Rights and the rights and fundamental freedoms enshrined therein. 2. The report focuses on the recommendations accepted by Austria during its 1st UPR in 2011. It describes new legislative developments and accompanying measures, new policies, projects and initiatives. It was decided not to include again a general description of the human rights situation in Austria, as presented in the 1st report3. The general remarks on the normative and institutional framework contained in the 1st report as well as the general orientation of Austrian human rights policies continue to be valid. 3. This report is the result of close consultations between the Federal Ministries and the Federal Provinces coordinated by the Federal Ministry for Europe, Integration and Foreign Affairs (BMEIA). It was prepared involving the human rights coordinators of the Federal Ministries as well as of the Federal Provinces. It underwent a transparent process of review by civil society, with opportunities to provide feedback on the presented draft of the national report. 4. In January 2015, a first draft of the report was sent to all Federal Ministries and to the Federal Provinces requesting their comments. The draft report, along with information on the UPR process, was published on the website of the BMEIA4 with an invitation to all stakeholders to send in written comments to an email address specifically created for this purpose5. The draft report was also widely disseminated among civil society via e-mail, with an invitation to comment. The comments received were also published on the BMEIA website. The draft of the report was then edited once more to reflect these comments. The open dialogue with civil society concerning the UPR has been ongoing for several years, (see Chapter II.D.) and shall continue following the new review of Austria this November. 5. The national report was adopted by the Federal Government on 7 July 2015 and submitted to the Office of the UN High Commissioner for Human Rights in due time. II. Legal and institutional framework – developments since the last review 6. It goes without saying that the promotion and protection of human rights is a dynamic process that can never be considered to be fully concluded, due to constant new developments and permanently changing levels of awareness in society. Criticism from civil society is taken seriously by Austria and reviewed in regularly held internal meetings. Progress is easier to realize in some areas, in others the challenges are more complex and difficult to overcome, in part due to political reasons, but also due to a lack of resources directly resulting from budget restrictions, which have been in place in Austria for several years now. 2 A/HRC/WG.6/23/AUT/1 A. Human rights and constitutional legislation6 7. The normative and institutional framework for the protection of human rights in Austria is based on a strong constitutional and ordinary legislation, which has been further expanded upon during the review period. Detailed information on the basic legislative framework is available in Austria’s 1st UPR report. The most important new legal developments related to human rights are: Constitutional legislation 8. A considerable improvement of the human rights protection system has been achieved with the comprehensive administrative reform, which entered into force on 1 January 2014. By introducing a two-tiered administrative jurisdiction7, legal protection against administrative acts has been made more accessible and clearer, allowing for a considerable reduction in length of proceedings and a better service for citizens. Administrative acts are now subject to review by independent courts, enabling individuals to better enforce their rights. 9. In ordinary jurisdiction, the introduction of the “request by a party for reviewing legal norms” provides an opportunity for individuals, under certain conditions, to request that the constitutionality (human rights conformity) of the legal provisions in question be reviewed by the Constitutional Court (VfGH).8 10. Moreover, the Federal Constitutional Act was amended, clarifying that alleged violations of human rights fall under the Austrian Ombudsman Board’s monitoring mandate9 (see below in II.C. for details). Measures in ordinary law 11. Creation of a specific criminal definition for torture in a new Section 312a of the Criminal Code in 201310. 12. Aggravation of the criminal definition for hate speech (Section 283 Criminal Code) in 201211, by which it is no longer required that such crime be qualified to endanger public safety, the infliction of hate speech on a wider audience constitutes sufficient reason. Furthermore the circle of protected persons was considerably enlarged. Another amendment was passed in 2014 and will enter into force in the second half of 2015. This will include inter alia that criminal liability shall no longer be dependent upon the qualification “to endanger public peace” and that the requirement of publicity shall be fulfilled by holding such speech in front of about 30 persons. A wider audience, as was previously required (about 150 persons), shall have an aggravating effect on the sentence. 13. Removal of Section 8 (2) Act Governing the Employment of Foreign Nationals in 2011, which required a company to release foreign employees first when redundancies are required12. 14. Creation of a special administrative penal provision in the Equal Treatment Act (GlBG) for discriminatory housing advertisement in 201113. 15. New amendment of the GlBG in 201314, determining that all areas covered by the EU Equal Treatment Directive for Self-Employed Persons are also covered by the GlBG; extension of statutory limitation for pressing charges on sexual harassment from one to three years and simplification of proceedings before the Equal Treatment Commission. 16. Amendment of Section III paragraph 1 (3) Introductory Act to the Administrative Procedure Acts (EGVG)15 in 2012, in order to extend criminal culpability: now discrimination against anybody on the ground of race, colour, national or ethnic origin, religious denomination or disability, or prevention from accessing to any place or service 3 A/HRC/WG.6/23/AUT/1 intended for use by the general public, constitutes a punishable offence. The justification previously used that discrimination is effected not “only” on the (e.g.) ground of racism can now no longer result in acquittal. 17. Amendment of the Security Police Act (SPG) in 201316, according to which in case of danger for a minor a perpetrator can be barred from entering a child care institution, school or day-care facility visited by the child; introduction of an administrative penalty for disregarding a restraining order issued by a court for the protection against domestic violence. 18. Amendment of the Ethnic Groups Act17 to permanently and comprehensively implement the judgements of the Constitutional Court relating to topographical names (corresponding bilingual road signs have already been put up). Identification of authorities and offices where the Croatian, Slovenian or Hungarian language may be used as official language in addition to German. B. International obligations18 19. The compliance of national law with Austria’s international obligations is continually monitored and required amendments are adopted, if necessary. Since 2012, the Constitutional Court (VfGH) also uses the EU Charter of Fundamental Rights (CFR) as a benchmark19 when applying European Union law. Thereby the rights guaranteed in the CFR can not only be invoked as constitutional rights in individual complaints to the VfGH, but also form a benchmark in its proceedings on examining the general compatibility of legislation with constitutional law. 20. Since the last UPR, Austria has become signatory party to the following international human rights conventions: • International Convention for the Protection of All Persons from Enforced Disappearance, Ratification on 7 June 201220; • Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (OP-CAT), Ratification